3 Pa. C.S. § 7109

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 7109 - Fees
(a) Inspections and tests.--The department shall have authority to fix, adjust, assess and collect, or cause to be collected, fees for the certification inspection service and requested seed tests authorized by this chapter. Such fees shall be large enough to meet the reasonable expenses incurred by the department or its agents in making such inspections as may be necessary for seed certification and conducting requested tests.
(b) Service samples.--
(1) The testing fee may be required to accompany the sample.
(2) Fees shall be paid by check or money order made payable to the Commonwealth of Pennsylvania.
(3) There shall be a $5 late fee assessed for every month that the testing fee is past due.
(4) A Pennsylvania Noxious Weed Seed Examination shall be included with all purity analyses.
(5) Service Sample Fees.

Kind of Seed Purity Analysis (including Pennsylvania State Noxious Weed Seed Examination) Germination Test Combined Purity Analysis and Germination Test
Alfalfa $7.00 $ 5.50 $12.00
Barley 7.00 5.50 12.00
Beans, garden 6.00 6.50 12.00
Beans, Lima 6.00 7.50 13.00
Bent grass 14.00 8.00 21.50
Bluestems 26.00 8.00 33.50
Bird's-foot trefoil 7.00 5.50 12.00
Bluegrass 15.00 8.00 22.50
Bromegrass 10.00 7.50 17.00
Buckwheat 7.00 5.50 12.00
Clovers 7.00 5.50 12.00
Corn 5.00 6.50 11.00
Crown vetch 8.00 6.50 14.00
Deer's-tongue grass 10.00 7.50 17.00
Fescues 10.00 7.50 17.00
Flat pea 6.00 7.50 13.00
Millets 8.50 6.50 14.50
Oats (including fluorescence test) 8.00 5.50 13.00
Orchard grass 12.00 7.00 18.50
Peas 5.00 6.50 11.00
Redtop 14.00 8.00 21.50
Reed Canary grass 9.00 6.50 15.00
Rye 7.00 5.50 12.00
Ryegrass 9.00 6.00 14.50
Ryegrass (including fluorescence test) 9.00 10.50 19.00
Sorghums 8.00 6.50 14.00
Soybeans 6.00 7.50 13.00
Sudan grass 8.00 6.50 14.00
Timothy 7.00 5.50 12.00
Tobacco 8.00 6.50 14.00
Vetch 8.00 6.50 14.00
Wheat 7.00 5.50 12.00
Flowers 8.00 6.50 14.00
Vegetables and herbs except beans, corn and peas 8.00 5.50 13.00
Tree, forb and shrub:
without embryo excision 8.00 9.00 16.50
with embryo excision 8.00 20.00 27.00
with embryo excision and removal of pits 8.00 22.00 29.00
Mixtures:
Lawn and turf:
Two components 22.00 16.00 36.00
Each additional component 8.00 8.00 15.00
Germination only 8.00 extra
Pasture, hay and conservation:
Two components 12.00 14.00 25.00
Each additional component 5.00 7.00 11.00
Germination only 6.00 extra
Miscellaneous charges:
Interstate noxious weed examinations:
Lawn and turf with purity 6.00 extra
Lawn and turf without purity 20.00
All others with purity 5.00 extra
Pennsylvania Noxious Weed Seed Examination:
Lawn and turf grasses and mixtures 15.00
All others 4.00
Cold test 10.00
Canada standards test 10.00
Identification 5.00
Embryo excision test 15.00
Rush 10.00
Extra laboratory report 2.00
Tests not listed, special procedures, extra time, etc. 20.00 per hour

(c) Seed certification.--
(1) The department will provide annually a schedule listing application, inspection, tag and label fees.
(2) An applicant shall include the appropriate application fee payment for each crop. Fees shall be paid by check or money order made payable to the Commonwealth of Pennsylvania. Fees are nonrefundable.
(3) The field inspection fee is based on the total acres inspected or, in the case of grass and legumes, the pounds of clean seed produced. An invoice stating the amount of the fee will be sent to the applicant.
(4) Acreage or plants withdrawn by the applicant prior to the actual inspection may not be included except as provided for in regulation.
(5) Application and inspection fees.

CropApplication FeeInspection Fee
Potatoes (other than prenuclear seed potatoes) $25.00 $10 per acre
Prenuclear seed 15¢ per sq. ft., potatoes assessed once (greenhouse) 25.00 per crop
Prenuclear seed potatoes (laboratory) 25.00 $50 assessed annually
Tobacco 25.00 $50 (minimum)
Winter barley, wheat, rye 25.00 $3 per acre
Hybrid field corn 25.00 $7 per acre
Spring barley, oats 25.00 $3 per acre
Soybean 25.00 $3 per acre
Grass, legume 25.00 4¢ per pound production fee; any field inspection $3 per acre
Turfgrass sod 25.00 $4 per acre (preplant inspection)
$7 per acre (final inspection)
Trees 25.00 Fees based on the actual administrative costs incurred by the department

(6) Tag and label fees.

Tag Label
Pennsylvania certified seed 10¢ 10¢
Interagency certified seed 15¢ 15¢
Pennsylvania certified sod 20¢
Pennsylvania certified seed potatoes 10¢

(7) There is a $25 per lot fee for each official interagency sample received.
(8) The shipping inspection fee for potatoes is $30 per inspection.
(d) Adjustment of fee.--If the secretary determines following notice to the licensees that moneys derived from the registration and inspection fees are either greater or less than that required to administer this chapter, the secretary may reduce or increase the inspection fee so as to maintain revenues sufficient to administer this chapter.
(e) Notice.--The secretary shall announce the adjustment of fees by publishing a notice in the Pennsylvania Bulletin. The adjusted fees shall take effect 60 days after publication of such notice in the Pennsylvania Bulletin.

3 Pa.C.S. § 7109

2004, Nov. 29, P.L. 1302, No. 164, §2, effective in 60 days [ 1/28/2005].